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MOHAMMED HUSSENI & ANOR v. MOHAMMED NDEJIKO MOHAMMED & ORS

(2014) JELR 36278 (SC)

Supreme Court  •  SC.159/2007  •  19 Dec 2014  •  Nigeria

Coram
JOHN AFOLABI FABIYI JSC; SULEIMAN GALADIMA JSC; BODE RHODES-VIVOUR JSC; NWALI SYLVESTER NGWUTA JSC; JOHN INYANG OKORO JSC;

Judgement

NWALI SYLVESTER NGWUTA, J.S.C. (Delivering The Leading Judgment): Subscribed on the Writ of Summons issued at the High Court of Justice of Kwara State, Ilorin Judicial Division on the 26th day of November, 1991 and reproduced as paragraph 34 of the Statement of Claim, are the Respondents' (then plaintiffs) claims against the appellants (then defendants):

"34. WHEREOF the Plaintiffs claim against the defendants jointly and severally as follows:

(1) A declaration that the 1st defendant under the age long custom and tradition of Zambufu has no right whatsoever to ascend the throne as the Zhitsu of Zambufu.

(2) A declaration that under the native law and custom relating to the selection and appointment of Zhitsu of Zambufu, the 1st defendant's family is not a ruling house in Zambufu.

(3) A declaration that the appointment and/or turbaning of the 1st defendant by the 2nd defendant on or about the 12th day of November, 1991- as the Zhitsu of Zambufu is illegal, null and void and of no effec…

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